is ‘not evidence that a person does not also have intellectual disability.’ ” 581 U. S., at ___ (slip op., at 14) (quoting Brief for American Psychological Association et al. And we pointed to an amicus brief in which the APA explained that a personality disorder or mental-health issue is “not evidence that a person does not also have intellectual disability.” 581 U. S., at ___ (slip op., at 14) (quoting Brief for APA et al. Often, he was separated from the rest of the class and told to draw pictures. 2010) (AAIDD–11); American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed. That evidence includes the young Moore’s inability to understand and answer family members, even a failure on occasion to respond to his own name.

The judgment of the Texas Court of Criminal Appeals is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. We described the evidence as “reveal[ing]” the following: “Moore had significant mental and social difficulties beginning at an early age.

The Supreme Court heard oral argument in Moore v. Texas, which concerns whether Texas' criteria for determining if an intellectually disabled person can be…

We again review its decision, and we reverse its determination. While the Court divided on the appropriate disposition, both the majority and the dissent agreed that the Court of Criminal Appeals should have assessed Moore’s claim of intellectual disability under contemporary standards rather than applying the outdated evidentiary factors laid out in Ex parte Briseno, 135 S.W.3d 1, 8 (Tex. Today, the Court reverses that most recent decision, holding that the Court of Criminal Appeals failed to follow our decision in Moore. At 13, Moore lacked basic understanding of the days of the week, the months of the year, and the seasons; he could scarcely tell time or comprehend the standards of measure or the basic principle that subtraction is the reverse of addition ... because of his limited ability to read and write, Moore could not keep up with lessons. After failing school and being cast out of his home, Moore was forced to live on the streets and find food in trashcans.6, In its review of Moore’s claim, the Texas court consulted current medical diagnostic standards and the generally accepted diagnostic definition of intellectual disability.7 The court did not apply the Briseño factors. The Court’s granting of these stays not only disrupts settled law but invites meritless last-minute applications to disrupt the orderly state administration of the death penalty. 572 U.S. 701, 704 (2014)). That did not pass muster under this Court’s analysis last time. The length and detail of the court’s discussion on these points is difficult to square with our caution against relying on prison-based development. But in Moore, we said only that a court ought not “overemphasiz[e]” adaptive strengths or place too much “stres[s]” on improved behavior in prison.

The appeals court subsequently reconsidered the matter but reached the same conclusion. Ex parte Moore I, 470 S. W. 3d, at 486, 489. The majority and dissenting justices all agreed that the non-scientific factors applied by Texas were inappropriate for determination of intellectual disability going forward. First, the Texas Court of Criminal Appeals “overemphasized Moore’s perceived adaptive strengths.” Moore, 581 U. S., at ___ (slip op., at 12). It would instead  use “ ‘current medical diagnostic standards’ ” set forth in the American Psychiatric Association’s DSM–5. For those reasons, I join the Court’s opinion reversing the judgment below. Briseno asked whether the defendant could “respond coherently, rationally, and on point to oral and written questions.” 135 S. W. 3d, at 8. We have found in its opinion too many instances in which, with small variations, it repeats the analysis we previously found wanting, and these same parts are critical to its ultimate conclusion. Moore’s first state habeas petition alleged trial counsel was ineffective in failing to present evidence of his mental retardation at sentencing.

(As in our last opinion, we neither second nor second-guess that judgment.) . A recent Supreme Court judgment in the US is being hailed as a triumph by death penalty abolition advocates.

Consequently, we disagree with the habeas court’s conclusion that Applicant has demonstrated intellectual disability, and we deny relief.".

Justice Ginsburg, writing for the five-person majority, was critical of many aspects of the Texas approach and specifically disapproving of the Briseño factors because they were not tied to any acknowledged, credible source. Id., at 559–560.

Crim. Id., at 565.

Ex parte Moore II, 548 S. W. 3d, at 563–565. Indeed, in each case even the factual predicate for the new claim (mental retardation) had not been asserted at trial—and in Davis’s case had not been asserted even in subsequent proceedings, right up until the day of scheduled execution. Moore, 581 U. S., at ___ (slip op., at 2); id., at ___ (Roberts, C. J., dissenting) (slip op., at 1). I would deny the petition for a writ of certiorari. On remand the Texas Court of Criminal Appeals reconsidered the appeal and reached the same basic conclusion, namely, that Moore had not demonstrated intellectual disability. . Previously, she was the Director of the American Bar Association (ABA) Death Penalty Representation Project, and served as the ABA’s expert on legal representation in death penalty cases. And as we have said, it stressed correspondence written in prison.

Moore, 581 U. S., at ___ (slip op., at 2); id., at ___ (Roberts, C. J., dissenting) (slip op., at 1). The habeas court agreed with Moore, citing what it considered to be the contemporary standards for an intellectual disability diagnosis. At the outset of our opinion, we recognized as valid the three underlying legal criteria that both the trial court and appeals court had applied. Rather, as the ACLU points out in its amicus brief, the so-called Briseno factors are based on a stereotyped view of intellectual disability derived from the character of Lenny in John Steinbeck’s novella, Of Mice and Men. But this time it focused almost exclusively on the second criterion, adaptive deficits. App. We described the evidence as “reveal[ing]” the following: “Moore had significant mental and social difficulties beginning at an early age. as Amici Curiae 8 (“[I]t is estimated that between nine and forty percent of persons with in-tellectual disability have some form of paid employment”).

Fourth, the Texas Court of Criminal Appeals required “Moore to show that his adaptive deficits were not related to ‘a personality disorder.’ ” 581 U. S., at ___ (slip op., at 14) (quoting Ex parte Moore I, 470 S. W. 3d, at 488). Fourth, the Texas Court of Criminal Appeals required “Moore to show that his adaptive deficits were not related to ‘a personality disorder.’ ” 581 U. S., at ___ (slip op., at 14) (quoting Ex parte Moore I, 470 S. W. 3d, at 488). But in our last review, we said that the court of appeals had “departed from clinical practice” when it required Moore to prove that his “problems in kindergarten” stemmed from his intellectual disability, rather than “ ‘emotional problems.’ ” Moore, 581 U. S., at ___ (slip op., at 14) (quoting Ex parte Moore I, 470 S. W. 3d, at 488, 526)).

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